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SC orders court to dismiss libel case vs pre-need victims By Benjie Pulta 06/02/2010

Wednesday, June 2, 2010

SC orders court to dismiss libel case vs pre-need victims


By Benjie Pulta
06/02/2010

The Supreme Court (SC) has made a clear stand on the issue of “internet libel” after it recently ordered the dismissal of a libel case filed by an advertising firm against a group of parents affected by the collapse of college pre-need plans years ago.

The SC First Division, through Associate Justice Conchita Carpio-Morales, ordered the Makati Regional Trial Court Branch 149 to quash the libel complaint filed on Oct.18, 2005 by Jessie John P. Gimenez, president of the Philippine Integrated Advertising Agency, Inc. (PIAA), the advertising arm of the Yuchengco Group of Companies (YGC), citing its lack of jurisdiction over the case, the internet being a universal medium of communication.

“It hardly requires much imagination to see the chaos that would ensue in situations where the website’s author or writer, a blogger or anyone who posts messages therein, could be sued for libel anywhere in the Philippines that the private complainant may have allegedly accessed the offending Web site,” the SC said.

“Limitations imposed on libel actions filed by private persons are hardly onerous, especially as they still allow such persons to file the civil or criminal complaint in their respective places of residence, in which situation, there is no need to embark on a quest to determine with precision where the libelous matter was printed and first published.” the court clarified.

Now retired Chief Justice Reynato Puno and associate justices Teresita Leonardo-De Castro, Lucas Bersamin and Martin Villarama Jr. concurred.

The complaint was filed on Oct. 18, 2005 by Gimenez. The SC, however, noted Gimenez was “tasked with preserving the image and good name of the YGC as well as the name and reputation of the Yuchengco family.”
The 13 counts of complaint was filed on behalf of the Yuchengcos, in particular former Ambassador Alfonso Yuchengco and Helen Y. Dee and of the Malayan Insurance Co., Inc..... MORE  

 SourceThe Daily Tribune

URL: http://www.tribuneonline.org/headlines/20100602hed4.html


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